Murder accused says his mental state will play pivotal role in his trial

19 May 2016 - 16:52 By Philani Nombembe

Booth said that Novella had already rented a place to stay should he be released on bail and provided the court with proof of a lease agreement.“My mental state is going to play a pivotal role in my trial‚" says a Guatemalan tourist accused of the gruesome murder of his girlfriend at boutique hotel in Cape Town.Ruvan Boshoff/Sunday TimesDiego Novella‚ accused of killing US marketing executive Gabriela Kabrins Alban‚ applied to be released on bail at the Cape Town Magistrates’ Court on Thursday.Novella said in an affidavit‚ motivating for his release‚ that he came from an influential family which runs a cement business in Guatemala. "My father died in April while I was in custody‚" said the affidavit."My brother Lucas is available in South Africa and has arranged accommodation. The court should consider the issue of diminished responsibility due to drug use (at the time of the incident). My mental state is going to play a pivotal role in my trial."His lawyer William Booth handed the court a report about Novella's mental state.Booth said that Novella had already rented a place to stay should he be released on bail and provided the court with proof of a lease agreement.But the state is opposing bail and has labelled him a flight risk.Gabriela's mother‚ Doris Weitz‚ stared at Novella in court before proceedings got underway‚ while he chatted to a Spanish interpreter in the dock. Novella‚ wearing a blue shirt‚ avoided eye contact. The mood was sombre.A placard at the court‚ placed next to a picture of Gabriela wearing sun glasses and smiling‚ read: “Gabriela Kabrins was a daughter that was loved by her family and friends. We want justice. Why is South Africa becoming a death haven.”Gabriela was found‚ with faeces on her head‚ in the hotel in July 2015.Gabriela’s father‚ Howdy Kabrins‚ sat directly behind her alleged killer‚ flanked by officials from the US Consulate. Novella's younger brother Lucas‚ who sat at the back of the public gallery‚ told TMG Digital during an earlier court appearance this month: “It was a big tragedy for both families. We hope that justice is done and that whatever the outcome‚ it is fair and best for the grieving family.”Novella’s nephew Javier Ocano Dougherty then relayed his condolences to Gabriela’s father in the corridors of the court for the first time.“Excuse me sir‚ I just want to let you know from the bottom of my heart that I am sorry for your loss and you have my condolences‚” said Dougherty.Novella allegedly had hallucinations induced by drugs on the night of the murder‚ according to a report submitted to court by a panel of health experts who assessed him at Valkenberg Psychiatric Hospital.The Weekend Argus quoted the report as saying that he had waded into the ocean after the alleged incident‚ believing that he was getting Morse code messages when his eyes were closed and saw a man who looked like David Bowie.The hearing continues.TMG Digital/The Times..

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